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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MBNA, Restons Solicitors and Arrow Global Guernsey


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Hi,

 

Yesterday I recieved a Claim Form for a credit card dating back to 1999, it is lodged with Northampton County Court, I tend to defend fully the case and have sent in my CPR 31.14 Request with Recorded Delivery today. I have not sent any money are they likely to request anything for this request? i.e. £10

It is for a credit card balance from on or about 29/9/1999 assigned to the claimant 20/12/11 for the sum of £8467.02 and now with charges they want £8757.02

What are my chances here? If they do not come back with original signed documents and stuff, can I defend that I know nothing about this? as it was many years ago, during a split with my missus in 2007 I had a lot of debt that has never really been sorted since then.

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When did you last pay anything on this or acknowledge it in writing?

 

If you have never paid anything toward this or acknowledged it in writing in the last six years, then your defence will be that it is time barred, or statute barred.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I had about 8 debtors back in the day and I vaguely remember having token payments in place for a couple of years upto about 2010, but that wasnt to these cowboys, it was probably direct to MBNA, so unless they have sent that info to Restons then no payments since about 2008. I dont think time limitations have kicked in yet, but to be honest I have not kept any documentation at all for any of my old debt and just ignored any attempts for these to contact me.

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Then I would check your credit files first and foremost, see what, if anything, is on there.

You can use the 30 day free trial period Experian do if you've not used it before, just ensure you cancel it well within the 30 day trial period before they start

hemorrhaging your account.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

So you have sent a CPR request off, I assume for what was detailed in the POC?

 

I think you need to send a separate CCA request off along with the £1 fee to Arrow Global Guernsey. I would also copy it to Restons.

 

Maybe you could type up exactly what the POC's are as a CPR31.14 request can only ask to see documents detailed within the POC such as the DOA etc

Any opinion I give is from personal experience .

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Hmm, I sent it to Restons recorded delivery, I will send another to Arrow Global so they can both fight over it. Do I need to send one to MNBA at all because it looks like they sold it all off?

 

ALso, I have since read that you should not sign it, but I did, I will use a font version going forward.

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  • 4 weeks later...

Update!

 

Just submitted the following as my defence. Got no response from my requests.

 

 

 

I deny any indebtedness to the claimant.

 

I put forward that this claim is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

Also, I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full and complete defence under the circumstances.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

 

 

Thanks for the help so far!

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